Sacramento – On Friday, state lawmakers moved forward with a plan to allow the University of California to give priority admission to students who can trace their ancestry back to enslaved individuals.

The new legislation, Parliamentary Bill 7, enables the University of California, California State University, and private universities to prioritize applicants who can prove a direct relationship to those enslaved in the U.S. before 1900.

If Governor Gavin Newsom signs the bill, it could put California in a contentious position regarding diversity initiatives amid ongoing tensions with the Trump administration over such policies.

“We like to think we’re promoting access to higher education, but we know it can sometimes feel unfair and not merit-based,” said Rep. Isaac Bryan (D-Los Angeles), who authored the bill. “If you’re connected to a wealthy or influential person, or if you’re an alumnus of prestigious institutions, you often get special consideration.”

Yet Bryan pointed out, “There’s a history that should be recognized in education… a history of exclusion and damage.”

The legislation is a top priority for the Black Caucus, which has introduced 15 bills this year aimed at addressing the lasting effects of slavery and systemic racism in California.

Although California entered the union as a “free state” in 1850, slavery persisted in the state after it had been banned by the constitution in 1849, continuing until the nationwide abolition via the 13th Amendment in 1865, following the Civil War.

Nearly three decades ago, California voters enacted Proposition 209, which prohibited state institutions from considering race, gender, ethnicity, or national origin in enrollment decisions.

Supporters of the bill, including Bryan, explained that its wording was carefully crafted to align with Prop. 209 by focusing on lineage rather than race. They emphasized that being a descendant of enslaved individuals doesn’t equate to a racial representation.

“The narrative of our nation encompasses people who look like me and those who don’t who may be descendants of American Chattel slavery,” Brian, who is Black, shared during a debate in July.

Proponents noted that Supreme Court Justice Clarence Thomas previously highlighted in a 2023 affirmative action case that individuals who benefited from government actions after the Civil War and those formerly enslaved were more accurately described as “racially neutral categories.”

On the contrary, Andrew Kinio, a lawyer from the conservative Pacific Legal Foundation, argued that lineage from American slaves is “intimately connected” to race. He warned that the bill might enable universities to prioritize “victims of racism in public education, no matter their race,” suggesting it could foster a more individualized approach rather than relying on racial stereotypes.

Kinio stated, “California seems to believe there’s a clear intersection between students facing current discrimination and those who are descendants of slaves, which doesn’t limit the preference to only those who have faced modern-day prejudice.”

Earlier this week, a pro-democracy bill was also passed. Senate Bill 518 establishes the Bureau for American Slavery Descendants, tasked with verifying individuals’ claims to help them receive benefits.

Congress also approved Congressional Bill 57, spearheaded by lawmaker Tina McKinner (D-Hawthorne), aimed at assisting descendants of enslaved people in building generational wealth through home ownership.

The bill allocates 10% of funding from a popular program known as California Dream for All, which offers first-time homebuyers a loan of up to 20% of their purchase price, subject to a $150,000 limit.

This loan is unique in that it does not accumulate interest or require monthly payments. Instead, the borrower will repay the original sum along with 20% of any appreciation when they refinance the mortgage or sell the property.

McKinner mentioned during the debate that the legacy of slavery has led to significant disparities in home ownership rates, with descendants of enslaved people trailing white households by roughly 30 percentage points.

Additionally, Congress passed AB 67 under McKinner’s leadership, which establishes a process for individuals who claim to have lost their property to the government due to “racially motivated actions,” seeking restitution or return of the property.

Non-partisan legislative analysts suggested that these bills could incur costs ranging from tens of millions to hundreds of millions depending on the claims made, property values, and related legal expenses.

California has emerged as the first state to investigate reparations following the 2020 murder of George Floyd, igniting a broader dialogue around racial justice.

Newsom and state legislators created a task force intended to explore and propose remedies for the effects of slavery, resulting in a comprehensive 1,080-page report detailing the discriminatory policies that persisted even after slavery was officially terminated.

This report proposed over 100 measures to combat ongoing racial disparities, including reforms in the criminal justice and housing sectors. Despite initial actions, advocates for reform criticized the government for inaction.

Public sentiment in California regarding reparations tends to be mixed. A poll from 2023 conducted by the LA Times and UC Berkeley showed that voters largely opposed direct cash compensation by a ratio of 2-to-1, yet acknowledged the ongoing legacy of slavery and how the state might address these issues.

Many voters recognized the enduring impacts of slavery on Black residents today, with over half stating that California hasn’t adequately addressed these historical injustices.

Despite California’s ban on slavery in its 1849 constitution and its status as a “free state,” legal loopholes allowed for ongoing slavery and discrimination against formerly enslaved individuals.

California’s Slave of Fugitives Act, enacted in 1852, was significant among free states, permitting owners to employ violence to recapture runaways. The abolition of slavery was formalized in 1865 through the 13th Amendment post-Civil War.

Census reports indicate that around 200 enslaved African descendants resided in California that year, though other estimates suggest a population nearing 1,500, based on findings from the Compensation Task Force.